Date of Last Revision: November 3, 2022
Thanks for considering our request to potentially use and share your social media post. Please review the submission terms below. If you agree, please return to your social media account and reply to the REI comment with hashtag agree (#agree). There is no need to comment on this blog with #agree as we cannot associate it directly with your post.
By sending an #agree response or otherwise conveying your agreement to these Submission Terms, you hereby agree that Recreational Equipment, Inc. may use your social media post or other applicable content (“Content”) as contemplated in these Submission Terms.
You continue to own the Content that you submit.
But you are giving Recreational Equipment, Inc. and certain related parties a license to use the Content.
More specifically, you hereby irrevocably grant Recreational Equipment, Inc. and its parent, subsidiary and affiliated entities, and each of their respective agents, licensees, successors and assigns (collectively referred to herein, solely for ease of reference, as “REI”) a worldwide, royalty-free right and license to share, comment on, interact with, copy, publish, distribute, reproduce, publicly display, publicly perform and otherwise use the Content in any and all media channels and accounts owned or controlled by REI now known or hereafter devised, including, but not limited to, on any blog, website, social media channel/account or mobile application owned or controlled by REI in perpetuity. As used herein, the term “Content” shall include your name, voice, likeness, location or other personal characteristics as they appear in the Content.
In some instances, REI may elect to broaden the usage rights granted above. For example, REI may feature your Content and/or make it interactive to help inspire others to shop for the same type, style or combination of equipment or apparel that appears in your Content. To allow REI to exercise expanded usage rights if it elects, you hereby irrevocably grant REI a worldwide, royalty-free right and license to share, comment on, interact with, copy, publish, adapt, distribute, edit, modify, create derivative works from, reproduce, publicly display, publicly perform and otherwise use the Content, in whole or in part, in combination with any other materials and for any and all purposes, in any and all languages and in any and all media now known or hereafter devised, with or without attribution or payment to you.
You represent and warrant that you are the person who appears in the Content and that you are the owner of the Content and have the authority to grant the rights being granted herein, and that no one else’s permission is required to grant such rights. If anyone else appears recognizably in the Content, you further represent and warrant that you have the authority to grant such rights on behalf of such person(s). Finally, you represent that any statements, remarks or claims contained or depicted in your Content reflect your honest views and experiences, and your Content discloses any material connections you have to any brands, products or services that appear in or are referenced in your Content (such as if you are an employee, paid influencer or recipient of free products/services).
The rights granted in these Submission Terms are in addition to (not in lieu of) (x) the fair use rights REI would have as a member of the general public if these Submission Terms were not in effect, (y) the usage rights contemplated in Paragraph 9 of REI’s online Terms of Use, located at https://www.rei.com/help/terms-of-use.html, which are incorporated into these Submission Terms in their entirety (including, without limitation, the Limitation of Liability set forth in Section 16) by this reference, and (z) REI’s online Privacy Policy, located at https://www.rei.com/help/privacy-policy.html, which applies to submission of your Content. In the event of any conflict or inconsistency between these Submission Terms and the online Terms of Use, these Submission Terms will prevail, govern and control with respect to the Content.
The relationship between you and REI is not a confidential, fiduciary, or other special relationship. You hereby release REI and any other person acting under REI’s permission or authority from any claim of any kind or nature arising from the use of the Content including, without limitation, those based upon copyright, any rights of privacy, publicity, defamation, or any other personal or property right, and on behalf of yourself and your heirs, you agree that you shall not now or in the future assert or maintain any such claim against REI. In no event shall you have any right to seek or obtain injunctive or other equitable relief with respect to REI’s use of the Content or exploitation of the rights granted herein or to in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
You acknowledge that you have no right to approve REI’s use of the Content and that REI has been induced to proceed based on these Submission Terms. To the maximum extent possible, you hereby waive any and all rights you may have or claim to have under any law relating to “moral rights of authors” or any similar law, or as a result of any alleged violation of such rights. You agree not to institute any action on the ground that any changes, deletions, additions, or other uses of the Content violate such rights. You agree to sign and deliver documents and take any other actions reasonably requested by REI to effectuate, perfect or evidence the license and rights granted to REI in these Submission Terms.
You hereby agree to indemnify REI against all any and all third party claims, liabilities, losses, damages and expenses, including reasonable outside attorneys’ fees, arising out of any breach or allegation that, if true, would constitute a breach by you of these Submission Terms.
Other than the online Terms of Use and Privacy Policy, these Submission Terms are the complete and binding social msoci between you and REI, superseding all prior understandings and communications with respect to the Content. REI may assign, transfer, license, delegate, and/or grant any or all of its rights hereunder to any person or entity without restriction. These Submission Terms cannot be amended except by a written agreement signed by an authorized representative of REI. These Submission Terms shall be governed by and construed in accordance with the substantive laws of the State of Washington, without giving effect to any conflict or choice of law provisions that would result in applying the substantive law of any other jurisdiction. Venue for any and all actions shall be in the state or federal courts located in Seattle, Washington, and you hereby consent to the personal jurisdiction of such courts and waive any objection that Seattle is an inconvenient forum. If any part of these Submission Terms is deemed to be invalid or unenforceable, then the balance of these Submission Terms shall remain in effect and shall be construed as if the invalid or unenforceable provision were not contained herein.
You warrant that you are at least 18 years of age (or, if not, that you are at least 13 years of age and your parent or legal guardian knows you have submitted the Content and has also agreed to the foregoing).
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